.Speedytransparent-aa39a9fc34ce46743a758e785561d5b6ceaa949443ad30c3b617fea702e4ccec.png)
Last Update: May 22, 2025
These Rental Terms and Conditions is a legally binding contract between you and Speedy Tools To Go LLC (“Speedy Tools To Go,” “we,” “us,” or “our”), a Florida limited liability company. This Agreement governs your rental of Equipment through our website, mobile services, or other platforms (collectively, the “Platform”).
By accessing or using the Platform, placing an order, checking the box to accept these terms at checkout, or signing this Agreement at delivery, you confirm that you have read, understood, and agree to be bound by the terms of this Agreement.
This Agreement includes important terms that affect your legal rights, including: a Disclaimer of Warranties (Section 22), a binding Arbitration Agreement (Section 27), and a Waiver of Jury Trial (Section 28).
Please read all terms carefully before proceeding. If you do not agree to be bound by this Agreement, you may not rent or use any Equipment from Speedy Tools To Go.
1. DEFINITIONS. For purposes of this Agreement, the following capitalized terms shall have the meanings set forth below:
(a)“Agreement” refers to the Reservation Details (as defined below), along with the associated Rental Agreement, which includes these Rental Agreement Terms and Conditions, incorporated by reference herein.
(b) “Authorized Individuals” are those individuals that Customer directly or indirectly allows to use the Equipment, who must be properly trained to use the Equipment, at least 18 years old, and are not under the influence of any drugs, alcohol, or other substances, and not otherwise impaired.
(c) “Customer” is the person or entity identified in the Reservation Details and includes any of your representatives, agents, officers, employees, or anyone signing this Agreement on your behalf.
(d) “Customer Site” is the location where the Customer represents the Equipment will be located and used during the Rental Period, identified by the delivery address in the Reservation Details.
(e) “Damage Waiver” is an optional service (not insurance) that the Customer may purchase for an additional fee to reduce the Customer’s financial liability for accidental damage to the Equipment, as described in this Agreement.
(f) “Equipment” is any one or more of the items identified as rental items in the Reservation Details, including any accessories, attachments, or other similar items.
(g) “FMV” is the Equipment’s fair market value on or about the date of any Incident relating to the Equipment, plus any administrative fees and expenses.
(h) “Incident” is any fine, citation, theft, accident, casualty, Loss, vandalism, injury, death, or damage to person or property, claimed by any person or entity, that appears to have occurred in connection with the Equipment.
(i) “Lost” or “Loss” means the Equipment is either stolen, its location is unknown, or the Customer is unable to recover it.
(j) “One Shift” means not more than 8 hours per day, 40 hours per week, and 160 hours every 4-week period, provided that a double shift will be 150% and a triple shift will be 200% of the rental charge on Equipment with hour meters.
(k) “Ordinary Wear and Tear” means normal deterioration of the Equipment resulting from reasonable and proper use in one Rental Period, and not caused by abuse, neglect, or misuse.
(l) “Party” means either Speedy Tools To Go or Customer (each a “Party”), and together they are the “Parties.”
(m) “Rental Agreement” is the agreement made between Customer and Speedy Tools To Go for Speedy Tools To Go to rent Equipment, whether that agreement is made over the phone, online, or at the time of Equipment delivery, and which identifies the Equipment to be rented by Customer and incorporates these Rental Agreement Terms and Conditions by reference.
(n) “Rental Period” is the period of time between “Drop Off” and “Pick Up,” as set forth in the Rental Agreement (or Reservation Details).
(o) “Reservation Details” means the specific terms of the transaction (Equipment, Rental Period, delivery address, payment information, and other details) either shown on the online Confirmation/Order Summary screen or documented on the face of the physical Rental Agreement.
(p) “Speedy Tools To Go” means Speedy Tools To Go LLC (a Florida limited liability company), and its officers, employees, and agents.
(q) “Speedy Tools To Go Entities” means Speedy Tools To Go LLC and any parent, subsidiary, or affiliated companies, together with all of their members, managers, officers, employees, agents, affiliates, successors, and insurers.
2. AUTHORITY TO SIGN. Any individual executing the Rental Agreement (in any form) represents and warrants that they are of legal age and have the authority and power to sign this Agreement on behalf of Customer.
3. CONSENT TO ELECTRONIC AGREEMENT AND DUAL ACCEPTANCE. Customer consents to contract electronically. By checking the box at checkout or otherwise indicating assent online, Customer acknowledges reading and agreeing to this Agreement. This electronic action constitutes a legally binding signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN), the Florida Uniform Electronic Transaction Act, and other applicable laws with the same legal effect as signing a physical document.
Customer acknowledges that this Agreement (including these Terms and Conditions) will be delivered and stored by electronic means. Customer waives any objection to the enforceability of this Agreement on the basis that it was electronically accepted.
At the time of Equipment delivery, Customer may also be asked to confirm these terms by signing a physical or electronic copy of this Agreement. Both the online acceptance and delivery confirmation shall be deemed valid and enforceable forms of acceptance.
4. ONLINE PLATFORM INTEGRATION. Customer agrees that the terms and conditions posted on Speedy Tools To Go’s website, including any published Privacy Policy, booking terms, or Equipment descriptions, are incorporated by reference into this Agreement. In the event of a direct conflict between the terms of this Agreement and any website content, the terms of this Agreement shall control.
5. LEASE TERMS; TITLE; RESTRICTIONS ON USE AND TRANSFER. Customer’s execution of this Agreement (including electronic acceptance) or taking possession of the Equipment (whichever occurs first) shall be deemed acceptance of all the terms herein. This Agreement is a true lease of the Equipment, and not a sale or financing arrangement. Customer rents the Equipment from Speedy Tools To Go pursuant to this Agreement, and the Equipment (a) is and shall remain the personal property of Speedy Tools To Go; (b) shall not be affixed to any other property; and (c) shall not be pledged, encumbered, or transferred by Customer in any manner. Customer has no option or right to purchase the Equipment under this Agreement. Customer shall not sublease, subrent, assign, or loan the Equipment without first obtaining Speedy Tools To Go’s written consent; any attempted transfer or encumbrance of the Equipment or rights hereunder without such consent shall be void. Customer agrees to use and keep the Equipment at the Customer Site specified in the Agreement (unless Speedy Tools To Go approves otherwise in writing). Customer’s acceptance of these terms shall apply to this rental and also to any future rentals from Speedy Tools To Go, unless a new agreement is executed. Speedy Tools To Go may at any time, without notice to Customer, transfer or assign its interest in the Equipment or this Agreement, and/or any monies or rights due or to become due hereunder, to an assignee or financing party.
6. DELIVERY AND PICK-UP TERMS. Speedy Tools To Go will make commercially reasonable efforts to deliver the Equipment at the specified time and location during checkout. If Speedy Tools To Go fails to deliver the Equipment on time due to its own delay or fault, Customer will not be charged until the Equipment is delivered.
If Customer fails to be present at the scheduled pick-up time or does not make the Equipment available for retrieval, Speedy Tools To Go may charge a Missed Pick-Up Fee of $50.00, or a higher amount if such failure results in additional delivery costs or labor charges.
7. CUSTOMER IDENTIFICATION REQUIREMENT. To help prevent fraud and unauthorized rentals, Speedy Tools To Go reserves the right to request a valid government-issued photo ID from the person receiving the Equipment at the time of delivery. The name on the ID must match the name listed in the Reservation Details. In the case of a business or commercial rental, the person must be reasonably verified as authorized to accept delivery on behalf of the named Customer.
If the person accepting delivery cannot provide acceptable identification, or if their identity cannot reasonably be verified as matching or authorized, Speedy Tools To Go may, at its discretion, refuse to complete the delivery and cancel the rental. In such cases, Speedy Tools To Go may charge a cancellation fee or missed delivery fee as provided elsewhere in this Agreement.
Customer acknowledges this identification requirement and agrees to cooperate by ensuring that a qualified individual with proper identification is present at the scheduled delivery time. A reminder of this requirement may also be provided during the online checkout process.
8. PHOTOGRAPHIC EVIDENCE. Customer acknowledges and agrees that Speedy Tools To Go may take photographs or video recordings of the Equipment during delivery and return to document its condition. These records may be retained and used by Speedy Tools To Go to support any claims of damage, Loss, or unauthorized use of the Equipment.
9. DEPOSIT. At the time of checkout, Customer’s credit card will be charged a deposit equal to the estimated rental charges plus any applicable security deposit required bySpeedy Tools To Go’s website. This deposit secures Customer’s payment obligations and serves as a guarantee of Customer’s full and complete performance of all obligations under this Agreement.
If Customer purchases an optional Damage Waiver, and the Equipment is damaged during the Rental Period despite proper use and compliance with this Agreement, the deposit may be applied toward any deductible owed under the Damage Waiver. However, using the deposit in this manner does not limit Customer’s responsibility for amounts beyond the deductible if the Damage Waiver does not apply or if exclusions apply.
If no Damage Waiver is purchased, the deposit may be applied to the full cost of any damages, Losses, cleaning fees, late return charges, or other obligations owed by Customer. In all cases, Customer remains responsible for any amounts due in excess of the deposit.
If no Damage Waiver is purchased, Speedy Tools To Go may apply the deposit toward any damages, costs, or expenses incurred as a result (and Customer shall remain liable for any deficiency beyond the deposit). Any unused portion of the deposit will be refunded to Customer following final inspection of the Equipment and completion of the rental transaction.
10. RENTAL TERM; SHIFT LIMITS. Unless otherwise agreed in writing, all rentals are subject to a minimum Rental Period of one (1) day and a maximum Rental Period of thirty (30) days. The rental rate quoted is based on ‘One Shift’ use, which is no more than 8 hours per day, 40 hours per week, and 160 hours per four-week period.
If the Equipment includes an hour meter and Customer operates it beyond a One Shift basis, Customer shall pay additional charges as follows:
(a) 150% of the standard rental rate for double shift use, and
(b) 200% of the standard rental rate for triple shift use.
Any request to extend the rental term beyond thirty (30) days must be approved in writing by Speedy Tools To Go and may be subject to additional rental fees and updated terms.
11. PAYMENT TERMS; TAXES; AUTHORIZATION FOR ADDITIONAL CHARGES. Customer shall pay in full for the rental of the Equipment (and any sale of materials or other services identified in the Agreement) without offset, at the time of checkout on the website. Posted rental rates do not include any applicable sales tax or other taxes, levies, or assessments (“Taxes”) required to be collected by Speedy Tools To Go. Speedy Tools To Go will calculate and add such Taxes at checkout or charge them as they accrue, as required by law.
If Customer claims a transaction is tax-exempt, Customer must provide a valid tax exemption certificate and will indemnify Speedy Tools To Go for any Taxes, interest, or penalties later determined to be due. Should a transaction initially be treated as exempt and later deemed taxable, Customer will reimburse Speedy Tools To Go for any assessed Taxes attributable to Customer’s rental.
Customer agrees that Speedy Tools To Go may charge Customer’s credit card or account for any additional amounts owed by Customer under this Agreement, including (but not limited to) late fees, extended rental charges, pickup/delivery fees, or Taxes, whether incurred after the initial checkout or due to adjustments.
All deposits and payments must clear (and all amounts be paid in full) before any remaining deposit funds are returned.
12. FUEL. If the Equipment is delivered with a full tank of fuel (or a specific fuel level noted), Customer must return it with the same level of fuel. If the Equipment is not returned with a full tank, Customer will be charged a “Refueling Service Charge” to refill the tank to the level it had upon delivery. The Refueling Service Charge will be calculated by multiplying the number of gallons needed to refuel by the then-current market rate per gallon (determined by Speedy Tools To Go), plus a surcharge of 10% to cover service and handling. Customer acknowledges that the Refueling Service Charge is not a retail sale of fuel (it is a service fee for refueling). Customer can avoid this charge by returning the Equipment with a full tank (or the same fuel level as received).
13. DEFAULT. Customer shall be deemed in default under this Agreement if Customer:
(a) fails to pay any amount when due;
(b) fails to perform or observe any other provision of the Agreement; or
(c) becomes insolvent (meaning Customer admits an inability to pay debts as they come due, ceases to pay debts in the ordinary course, or becomes the subject of any bankruptcy, receivership, or assignment for the benefit of creditors). If a default occurs or if Speedy Tools To Go has a reasonable belief that a default is imminent, Speedy Tools To Go may take any one or more of the following actions:
(i) terminate the Rental Period and demand immediate return of the Equipment;
(ii) declare all amounts due and to become due under this Agreement immediately due and payable, and commence legal action to recover them;
(iii) enter upon Customer’s property, with reasonable notice and without legal process, and take all actions necessary to repossess the Equipment (Customer hereby consents to such entry and repossession and waives any claims for damage or trespass to the fullest extent permitted by law); and/or
(iv) pursue any other remedies available under applicable law. Customer agrees to pay all costs and expenses (including reasonable attorneys’ fees) incurred by Speedy Tools To Go in protecting its rights and recovering the Equipment or amounts due in the event of Customer’s default.
14. PERMITTED USE. Customer represents, warrants, and agrees that:
(a) Speedy Tools To Go has no control over how the Equipment is operated during the Rental Period by Customer or any third party permitted by Customer to use the Equipment;
(b) Prior to each use, and upon delivery and return, Customer shall inspect the Equipment to confirm it is in good condition, without apparent defects, with all required decals and safety markings, and suitable for Customer’s intended use;
(c) Customer has access to and will review all operating and safety instructions for the Equipment (including those provided by the manufacturer or on the Equipment) and will operate the Equipment only in accordance with those instructions and with appropriate safety precautions;
(d) Any person at the Customer Site who is apparently in charge or accepts delivery of the Equipment is authorized by Customer to do so (and if Customer requests, Speedy Tools To Go is authorized to drop off the Equipment at the Customer Site without requiring a signed receipt);
(e) If the Equipment becomes unsafe, disabled, malfunctions, gives a warning, or is damaged, levied upon, seized, Lost, or involved in an Incident, Customer will immediately cease use of the Equipment and notify Speedy Tools To Go;
(f) Customer has received from Speedy Tools To Go all information or training deemed necessary for the safe and proper operation of the Equipment;
(g) Speedy Tools To Go is not responsible for providing any operator or training to Customer or any user (unless Speedy Tools To Go agrees in writing to provide specific training at Customer’s request, in which case Customer remains responsible for the acts of those operators);
(h) Speedy Tools To Go is not responsible for Customer’s obligation (if any) to provide reasonable accommodations or specialized equipment for any Authorized Individual’s disabilities or special needs;
(i) Only Authorized Individuals (as defined above) shall use or operate the Equipment, and Customer remains fully responsible at all times for the Equipment and its use during the Rental Period, regardless of who is operating it;
(j) The Equipment shall be used and maintained carefully and properly, within its rated capacity, and in compliance with all applicable operating instructions and all federal, state, and local laws, permits, and regulations (including but not limited to OSHA and ADA requirements);
(k) The Equipment shall be kept and stored in a secure location when not in use to prevent theft, damage, or unauthorized use; and
(l) Customer shall provide Speedy Tools To Go with accurate and complete information regarding the intended use and site conditions so that Speedy Tools To Go can provide appropriate Equipment. Customer further agrees not to perform any modifications, repairs, or service on the Equipment without Speedy Tools To Go’s consent, except for daily maintenance and safety checks as instructed.
15. PROHIBITED USE. Customer shall NOT: (a) alter, modify, or cover up any decals or insignia on the Equipment, or remove any safety guards, warnings, or instructions on the Equipment; (b) assign, sublease, pledge, or otherwise transfer any interest in the Equipment or this Agreement to any third party (except as expressly permitted in writing by Speedy Tools To Go); (c) move the Equipment from the Customer Site address without Speedy Tools To Go’s prior written consent; (d) use the Equipment in any negligent, reckless, illegal, or unauthorized manner, or for any purpose for which it is not designed; (e) use the Equipment to carry or lift passengers (if not designed for that purpose) or to film, photograph, or publicize the Equipment in any way (including in print, TV, or online) without Speedy Tools To Go’s consent; or (f) allow the Equipment to be used by anyone other than Authorized Individuals (Customer acknowledges the Equipment can be dangerous if used improperly or by untrained persons).
16. DAMAGE NOTIFICATION; INVESTIGATION. Customer agrees to promptly notify Speedy Tools To Go of any damage, malfunction, or Loss involving the Equipment. In the event of any such incident, Customer shall provide a written report describing the nature of the issue, including photographs where feasible, within twenty-four (24) hours of discovery. Failure to timely report damage or Loss may be deemed a breach of this Agreement and may result in Customer being held liable for all repair or replacement costs, including related Losses.
17. AUTHORIZATION FOR ADDITIONAL CHARGES. Customer authorizes Speedy Tools To Go to charge the payment method provided at checkout for all rental charges, Taxes, and authorized fees. In addition, Customer authorizes Speedy Tools To Go to charge the same payment method for the following:
(a) damage to Equipment beyond Ordinary Wear and Tear.
(b) Equipment that is Lost, stolen, or not returned;
(c) cleaning fees for Equipment returned in unsanitary or hazardous condition; and
(d) Missed Pick-Up Fees, late fees, or similar charges.
Before any such charge is processed, Speedy Tools To Go shall provide written notice to Customer describing the charge and the basis for it.
18. RETURN OF EQUIPMENT. Speedy Tools To Go may terminate this Agreement and require the return of the Equipment at any time for any reason, including for necessary inspections, maintenance, or early cancellation of the rental. If Speedy Tools To Go ends the rental early through no fault of the Customer, Speedy Tools To Go will issue a pro-rated refund of rental charges for the unused portion of the Rental Period. The Equipment must be returned to Speedy Tools To Go, or made available for pick-up by Speedy Tools To Go, in the same condition it was received, excluding Ordinary Wear and Tear, and free of any hazardous materials or contaminants. Customer must return the Equipment at the end of the agreed Rental Period. If the Equipment is not ready for pick-up in the required condition, the Customer will be responsible for continued rental charges and any costs required to restore it to the proper condition, including cleaning, decontamination, repair, or replacement of missing parts, as provided in this Agreement. Customer’s obligations under this section continue until an authorized Speedy Tools To Go representative has confirmed the receipt and condition of the returned Equipment.
19. LATE RETURN. If Customer fails to return the Equipment by the end of the Rental Period when Speedy Tools To Go arrives to pick it up (or when the return is otherwise due), Speedy Tools To Go may, at its sole discretion, require Customer to:
(a) continue paying the current rental rate(s) for the Equipment for each additional day or part thereof past the scheduled return;
(b) for any period less than a full day, pay the full daily rental rate as a minimum charge; or
(c) pay any higher “overtime” or holdover rental rate in effect at the time of return (if published or communicated by Speedy Tools To Go).
Customer agrees that Speedy Tools To Go is entitled to charge Customer’s credit card or account for any such extended or increased rental charges due to a late return of the Equipment.
If Speedy Tools To Go attempts to retrieve the Equipment at the scheduled end of the Rental Period and is unable to do so because of Customer’s actions or inaction (for example, if the Customer is not present at the agreed pickup time or if the Equipment is inaccessible), Customer will be charged a missed pickup fee of fifty dollars ($50.00) (the “Missed Pickup Fee”). In addition, Customer will continue to be responsible for rental charges until Speedy Tools To Go can reasonably retrieve the Equipment. However, if the pickup cannot be completed as scheduled due to Speedy Tools To Go’s own delay or inability to access the site despite Customer’s presence, Customer will not be charged a missed pickup fee, and rental charges will cease at the end of the Rental Period (assuming the Equipment was otherwise ready and available for return).
20. CUSTOMER LIABILITY. DURING THE RENTAL PERIOD, CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE POSSESSION, CONTROL, AND USE OF THE EQUIPMENT (including risks of personal injury, death, theft, Loss, or damage to property) WHETHER OR NOT SUCH RISKS ARE DUE TO CUSTOMER’S FAULT. In the event of any Incident during the Rental Period, Customer shall:
(a) immediately notify Speedy Tools To Go and, if applicable, law enforcement and Customer’s insurance provider;
(b) secure and maintain the Equipment and the site of the Incident in the condition existing at the time of the Incident, to the extent safe to do so, until Speedy Tools To Go or its agents have inspected the scene;
(c) promptly submit to Speedy Tools To Go copies of all police reports or other third-party reports regarding the Incident; and
(d) as applicable, continue to pay the rental rate for the Equipment until repairs are completed or the Equipment is replaced, and pay to Speedy Tools To Go either (i) the FMV of the Equipment if it is Lost or damaged beyond repair, or (ii) the full cost of recovery and repairs for damaged Equipment (not to exceed FMV). Any accrued rental charges shall not be applied against these amounts owed.
Speedy Tools To Go reserves the immediate right (but not the obligation) to reclaim or disable any Equipment involved in an Incident. If Customer fails to fulfill the obligations in this section, any optional Damage Waiver elected by Customer (if any) shall be voidable at Speedy Tools To Go’s discretion.
21. DAMAGE WAIVER. If Customer purchases the optional Damage Waiver (as reflected in the Reservation Details or rental documents), then Speedy Tools To Go agrees to waive its right to recover from Customer for accidental damage to the Equipment, subject to the following terms:
(a) The Damage Waiver is NOT insurance and does not cover Loss of or damage to the Equipment in all circumstances. It only applies to sudden, accidental damage incurred during normal and compliant use of the Equipment.
(b) Customer must fully comply with the terms of this Agreement, including proper operation, permitted use, and Incident reporting duties. Any misuse or unauthorized use of the Equipment, violation of this Agreement, or failure to promptly report and document an Incident will void the Damage Waiver.
(c) The Damage Waiver does NOT cover: theft, mysterious disappearance, or vandalism of the Equipment; damage from overloading, overturning, or improper use; damage resulting from failure to secure the Equipment or exposure to hazardous conditions (e.g., floods, storms), unless such conditions were unavoidable; or any bodily injury or third-party claims. If the Equipment is stolen or vandalized, Customer must file a police report within 24 hours and provide a copy to Speedy Tools To Go; otherwise, the waiver will not apply, and Customer will be fully responsible.
(d) If the Damage Waiver applies, Speedy Tools To Go will absorb the cost of repair for covered accidental damage to the Equipment, subject to a deductible. Customer will remain responsible for a deductible of 10% of the FMV of the Equipment, 10% of the cost of repair, or $100, whichever is greater, per Incident (the “Damage Waiver Deductible”). For example, if covered damage repair costs $2,000 and the deductible is $500, Customer pays $500 and Speedy Tools To Go covers the rest.
(e) The maximum benefit of the Damage Waiver for any single rental transaction is the lesser of the actual repair cost or the Equipment’s FMV. The Damage Waiver does not cover any Loss of use or downtime; rental charges may continue to accrue until replacement or repair as provided in this Agreement.
(f) The Damage Waiver fee is a separate charge (usually calculated as a percentage of rental charges or a flat fee) and is non-refundable once the Rental Period begins, even if no damage occurs. Customer may decline the Damage Waiver; in that case, Customer bears full responsibility for all Loss or damage as per this Agreement and must demonstrate financial ability to cover such Loss. If Customer does NOT purchase the Damage Waiver, Customer remains fully liable for all Loss or damage to the Equipment, as set forth in this Agreement. Speedy Tools To Go strongly encourages Customer to have appropriate insurance or sufficient resources to cover potential losses.
22. NO WARRANTIES. SPEEDY TOOLS TO GO WARRANTS ONLY THAT THE EQUIPMENT WILL BE IN GOOD WORKING ORDER (and substantially as described) AT THE TIME OF DELIVERY. EXCEPT FOR THIS LIMITED WARRANTY, SPEEDY TOOLS TO GO MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE EQUIPMENT. SPEEDY TOOLS TO GO DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND CUSTOMER AGREES THAT IT HAS SELECTED THE EQUIPMENT BASED ON ITS OWN JUDGMENT. SPEEDY TOOLS TO GO DOES NOT GUARANTEE THAT THE EQUIPMENT IS SUITABLE FOR CUSTOMER’S INTENDED USE OR THAT IT IS COMPLETELY FREE FROM DEFECTS OR CONTAMINANTS. CUSTOMER ACCEPTS THE EQUIPMENT “AS IS” (AFTER CUSTOMER’S INSPECTION AND TESTING), EXCEPT FOR THE ABOVE DELIVERY CONDITION WARRANTY. In the event the Equipment fails to substantially conform to the above-stated condition warranty, Customer’s sole remedy is to notify Speedy Tools To Go, and Speedy Tools To Go will, at its option, repair or replace the Equipment with a similar item in good working order as soon as reasonably practicable. Speedy Tools To Go’s obligation to repair or replace is Customer’s only remedy for any breach of warranty.
23. RELEASE; HOLD HARMLESS; INDEMNIFICATION.
(a) Assumption of Risk. Customer acknowledges and voluntarily assumes all risks associated with the possession, use, loading, unloading, transportation, and operation of the Equipment, including, without limitation, the risk of injury to persons (including death) and damage to property. Customer further acknowledges that they are solely responsible for ensuring that the Equipment is operated safely and lawfully by qualified individuals.
(b) Indemnity and Hold Harmless. To the fullest extent permitted by law, Customer shall indemnify, defend (at the request of Speedy Tools To Go), and hold harmless Speedy Tools To Go and the Speedy Tools To Go Entities from and against any and all liabilities, claims, demands, suits, losses, damages, penalties, fines, or expenses (including attorneys’ fees, expert witness fees, and court costs) arising from or related to:
(i) this Agreement or any breach thereof;
(ii) the selection, delivery, possession, use, operation, loading, unloading, maintenance, storage, or return of the Equipment;
(iii) any Incident occurring during the Rental Period or while the Equipment is in Customer’s or any Authorized Individual’s possession or control, including any injury to persons (including death) or damage to property while the Equipment is in Customer’s possession or control;
(iv) any third-party claims arising from Customer’s use or misuse of the Equipment; and
(v) any violation of law in connection with the Equipment, except to the extent caused solely by the gross negligence or willful misconduct of Speedy Tools To Go.
(c) Waiver and Release of Claims. Customer hereby waives and releases any and all claims, demands, losses, damages, or liabilities of any kind, whether known or unknown, suspected or unsuspected, against Speedy Tools To Go and the Speedy Tools To Go Entities that arise out of or relate to the Equipment or this Agreement, except to the extent caused solely by Speedy Tools To Go’s willful misconduct or gross negligence. This waiver applies even if such claims arise from the ordinary negligence of Speedy Tools To Go or its affiliates.
(d) Insurance. Customer acknowledges that they are solely responsible for obtaining and maintaining any insurance coverage deemed necessary or appropriate to cover liability, loss, or damage associated with the Equipment and its use. Speedy Tools To Go shall not be required to verify the existence or sufficiency of any such coverage.
(e) Survival. Customer’s obligations under this section shall survive the termination of this Agreement and the return of the Equipment.
24. LIMITATION OF SPEEDY TOOLS TO GO’S LIABILITY. IN CONSIDERATION OF THE RENTAL AND THE RISKS ALLOCATED TO CUSTOMER UNDER THIS AGREEMENT, CUSTOMER AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IF SPEEDY TOOLS TO GO OR ANY OF ITS ENTITIES IS FOUND LIABLE FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT OR THE EQUIPMENT (INCLUDING LIABILITY DUE TO SPEEDY TOOLS TO GO’S OWN NEGLIGENCE), THE MAXIMUM AMOUNT OF DAMAGES THAT THE CUSTOMER OR ANY THIRD PARTY MAY RECOVER FROM SPEEDY TOOLS TO GO SHALL BE LIMITED TO THE TOTAL RENTAL CHARGES PAID BY CUSTOMER FOR THE EQUIPMENT. IN NO EVENT SHALL SPEEDY TOOLS TO GO OR ITS ENTITIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation of liability shall apply to any and all claims, whether based in contract, tort (including simple negligence), strict liability, or any other legal theory, and shall survive any termination or expiration of this Agreement.
25. CRIMINAL WARNING. Customer is reminded that failing to return rented property or using false information to obtain rental property may be considered theft or fraud under Florida law (e.g., Florida Statutes §812.155). If Customer willfully fails to return the Equipment as agreed, or conceals or assists in concealing the Equipment, Customer may face criminal prosecution and civil liability for conversion, in addition to the remedies provided in this Agreement.
26. ACCOUNT SUSPENSION/TERMINATION/BLOCKING. Speedy Tools To Go reserves the right to suspend or terminate Customer’s rental account or to refuse any rental service to Customer at any time for any reason. This includes, but is not limited to, suspected fraudulent activity, malicious behavior, non-payment, misuse of the Equipment, or if the account is compromised in any manner. Such suspension or termination may occur without prior notice. In the event of account termination, any confirmed rentals may be canceled at Speedy Tools To Go’s discretion, with appropriate refunds for any prepaid amounts related to canceled rental days.
27. ARBITRATION AGREEMENT & CLASS ACTION WAIVER. AT THE ELECTION OF EITHER PARTY, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE EQUIPMENT, OR ANY INCIDENT (INCLUDING ANY CLAIMS OF PERSONAL INJURY OR PROPERTY DAMAGE) SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. The arbitration shall be conducted in the customer’s individual capacity and not as a class or representative action. No arbitration or claim under this Agreement shall be joined with any other person’s or entity’s claim. The arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or, if applicable, its Consumer Arbitration Rules) or by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. If for any reason this arbitration provision is held invalid or unenforceable, the Parties agree that any such dispute shall be brought solely in their individual capacities and not as a class action, and any court trial shall be to a judge without a jury (per the Jury Trial Waiver below). The requirements of this section are governed by the Federal Arbitration Act and shall survive any termination of this Agreement.
28. JURY TRIAL WAIVER. IN ANY DISPUTE BETWEEN CUSTOMER AND SPEEDY TOOLS TO GO ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE EQUIPMENT, BOTH PARTIES KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY. THIS WAIVER IS A MATERIAL INDUCEMENT FOR SPEEDY TOOLS TO GO TO ENTER INTO THIS AGREEMENT.
29. GOVERNING LAW. This Agreement and any related dispute or claim shall be governed by the laws of the State of Florida, regardless of its conflict of laws principles. Subject to the Arbitration Agreement mentioned above, any legal action arising out of this Agreement shall be filed and maintained only in a state or federal court of competent jurisdiction located in Orange County, Florida, and the Parties consent to the exclusive jurisdiction of such courts.
30. FORCE MAJEURE. Neither Speedy Tools To Go nor Customer shall be liable for any failure or delay in fulfilling any obligation under this Agreement (except payment obligations) if such failure or delay results from circumstances beyond that Party’s reasonable control and not attributable to its own fault or negligence. ‘Force Majeure’ events include, but are not limited to: natural disasters (fire, flood, hurricane, earthquake, or other acts of God), epidemics or pandemics, war, terrorism, civil unrest, government orders or shutdowns, labor strikes or disturbances, or nationwide transportation or power failures. The affected Party shall provide notice to the other as soon as commercially reasonable and shall make good-faith efforts to resume performance as soon as the Force Majeure condition concludes. Rental periods may be reasonably extended (or obligations tolled) to accommodate the duration of any Force Majeure delay.
31. CHANGES TO THE RENTAL AGREEMENT TERMS AND CONDITIONS. Speedy Tools To Go reserves the right to modify these Rental Agreement Terms and Conditions at any time. Any modifications will take effect once the updated terms are posted on Speedy Tools To Go’s website (with a new “Last Update” date). Continued use of Speedy Tools To Go’s services or rental of Equipment after such posting constitutes Customer’s acceptance of the modified Terms and Conditions for any new rentals. Except for these updates, no amendment or modification of this Agreement shall be effective unless in writing and signed by both Parties.
32. ORDER OF PRECEDENCE. If there is any conflict between these Rental Agreement Terms and Conditions and any other document or form (such as Customer’s purchase order or any other document from Customer), the terms of this Rental Agreement (including these Terms and Conditions and the Reservation Details) shall prevail. Any additional or different terms in Customer’s documents are hereby rejected and shall have no effect, even if signed for administrative convenience. If Speedy Tools To Go signs any document issued by the Customer, it is solely to acknowledge receipt or order details, and not to agree to any terms that differ from this Agreement.
33. ENTIRE AGREEMENT. This Agreement (including the Reservation Details, these Terms and Conditions, and any written addenda or schedules signed by both Parties) constitutes the complete agreement between Customer and Speedy Tools To Go concerning the rental of the Equipment and related services. It overrides all previous or concurrent understandings or agreements, whether they are written or oral, regarding the subject matter. Customer agrees that no representations or promises not expressly included in this written Agreement have been made by Speedy Tools To Go or any of its agents. No waiver of any right or remedy by Speedy Tools To Go shall be valid unless it is in writing and signed by an authorized representative of Speedy Tools To Go. No failure by Speedy Tools To Go to enforce any right under this Agreement shall be considered a waiver of that or any other right. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall not be impacted and will continue in full force and effect to the fullest extent allowed by law.